LIHU‘E — Following the buzz over the statewide Public Land Development Corporation’s series of heated meetings last month, the Kaua‘i County Council will discuss Wednesday a resolution introduced by its rookie council member, echoing what the public present at those
LIHU‘E — Following the buzz over the statewide Public Land Development Corporation’s series of heated meetings last month, the Kaua‘i County Council will discuss Wednesday a resolution introduced by its rookie council member, echoing what the public present at those meetings has overwhelmingly asked Gov. Neil Abercrombie throughout the state: Repeal Act 55.
PLDC was created last year after the state Legislature passed Senate Bill 1555, which Abercrombie signed into Act 55 on May 20, 2011. PLDC is supposed to generate additional revenues for the state Department of Land and Natural Resources by allowing development on public lands, or ceded lands, while circumventing county zoning laws.
“The governor and the Legislature may have had good intentions; however, somewhere in the actual language particulars, the bill, now act, went astray,” said in a written statement Councilman KipuKai Kuali‘i, who introduced the resolution.
Resolution 2012-52 cites Chapter 171C of the Hawai‘i Revised Statutes, with an extensive list of PLDC’s allowable and potential actions. It also states that it was the people of Kaua‘i who have requested assistance from the council to support the repeal of HRS 171C.
“Be it resolved by the council of the County of Kaua‘i, State of Hawai‘i, that the 2013 Hawai‘i State Legislature is hereby requested to repeal Chapter 171C of the Hawai‘i Revised Statutes in its entirety to effectively abolish the Public Land Development Corporation,” the resolution states.
Abercrombie was on Kaua‘i last Wednesday for his first “Governor’s Cabinet in Your Community,” a series of planned statewide meetings to share project updates and listen to community issues. He brought with him six department heads. While there were many improvements to be shared with the roughly 200 community members who attended the event at Chiefess Kamakahelei Middle School in Puhi, the public showed much discontent with the administration.
Abercrombie and his entourage were applauded on some occasions. But the governor and DLNR Chair William Aila Jr. also took on some heavy artillery from the public for the PLDC, of which Aila is one of the five board members.
Shouts of “we don’t trust you” served as soundtrack for a scene covered with several “Repeal Act 55” small posters held by the public.
‘Repeal Act 55’
The “Repeal Act 55” wave picked up strength at several PLDC meetings across the state last month, peaking at the last statewide event on Kaua‘i Aug. 31. None of the five members of PLDC board showed up at any of those events; it was PLDC Executive Director Lloyd Haraguchi who island-hopped to gather public input and bring it back to the PLDC board. The message that Haraguchi heard over and over across the state was the same written in the council’s latest resolution: Repeal Act 55.
Former Sen. Gary Hooser, the current head of the state Office of Environmental Quality Control, said at the PLDC meeting that the corporation could circumvent certain rules and turn state environmental laws into a “paper tiger.” Hooser, running for a seat at Kaua‘i County Council in November, said Act 55 should be repealed.
Kuali‘i and Councilman Mel Rapozo also attended the PLDC meeting in August, but did not speak publicly. However, Kuali‘i sent a statement that same night opposing to PLDC.
“I was really moved to hear all but one of the 50 testifiers overwhelmingly speak out for Native Hawaiians and for the protection of our lands and our natural resources,” Kuali‘i wrote in an email Aug. 31. “It’s troubling that this could have gotten this far without being vetted by the community. And, that the PLDC may choose to not follow existing county laws, charter provisions or rules if it’s not ‘practical.’”
From what he could tell, he wrote, Act 55 seemed “horribly flawed and not pono.”
At the “Governor’s Cabinet in Your Community” event last Wednesday, Rapozo spoke out against Act 55’s provision circumventing county laws. When Rapozo brought up alleged plans for a hotel in Koke‘e, Abercrombie shook his head — the governor had spoken minutes earlier asking who is “they” who were saying that a hotel could be built in Koke‘e. Rapozo, however, told Abercrombie that they would not be around forever to stop such a development in Koke‘e.
As state spokeswoman Donalyn DelaCruz wrapped up the meeting and Abercrombie, Council Vice Chair JoAnn Yukimura picked up the microphone and said a hotel in Koke‘e had been already proposed.
Whereas …
Resolution 2012-52 states that allowing uncontrolled development in violation of county zoning and other laws would intensify existing problems such as traffic circulation and lack of potable water for the entire community, costing taxpayers’ money to rectify those problems.
“It appears that HRS 171C seeks revenue generating use for lands and appear to focus on business that can generate the highest amount of revenue (hotel, resorts, commercial centers, etc.), with no regard for parks or other types of community resources which may no necessarily generate revenue,” the resolution states.
If development of residential units are sought, scarce potable water could be diverted to these potential developments, according to the resolution.
Aila, however, said at the meeting last Wednesday that any PLDC project would still have to be approved by the county Water Department.
The resolution also touches the issue of housing for Native Hawaiians.
“HRS 171C allows ceded lands to be used not for home for our Native Hawaiians, but for the revenue production for the state,” the resolution states.
The council meeting Wednesday is at the Historic County Building in Lihu‘e, starting at 9 a.m.
Visit www.kauai.gov for more information.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
